Gravel/stones falling from truck damaged my car.

mcjordi

accidents if reported to the police create an incident number, then if neccessary (sp?) can be assigned a crime number if for instance the driver was drunk etc then it becomes a criminal matter

it seems like negligence on the haulage and drivers part for not securing the load properly, speak to your insurer for advice after all thats what we pay em for

Chippy_Minton_2

DCodd wrote: »

All accidents create a crime number!

No they don't as an accident is NOT a crime.

Don't post such ridiculous statements, when you clearly have no understanding of the difference between a collision under the RTA and a crime.

withabix

Having an unsecured load is an offence under the RTA. The lorry had an unsecured load.

I work in the construstion industry and can tell you that a means of securing the load IS compulsory and in the situation of aggregate lorries, this is achieved by covering the load.

The owner of the lorry is liable for the damage.

With regard to the post above about a concrete lorry, the company will have told you to deal with the driver as most truck mixers are owned by the driver, not the company who's name is on the truck.

Chippy_Minton_2

mcjordi wrote: »

accidents if reported to the police create an incident number, then if neccessary (sp?) can be assigned a crime number if for instance the driver was drunk etc then it becomes a criminal matter

Drink driving will not create a crime number either, however you have a better understanding of this than DCodd does.

DCodd

As a holder of a current C+E licence and having previously worked for Hansons Transport and currently working in the Accounts for a Construction Company who use haulage regulary I have a rather good understanding.

Proffesional drivers of large goods vehicles can be held criminaly negligent if their load is unsafe!!

mcjordi

Chippy_Minton wrote: »

Drink driving will not create a crime number either, however you have a better understanding of this than DCodd does.

meh, as im not a specalist in the RTA ill leave this in your hands

Chippy_Minton_2

DCodd wrote: »

As a holder of a current C+E licence and having previously worked for Hansons Transport and currently working in the Accounts for a Construction Company who use haulage regulary I have a rather good understanding.

Proffesional drivers of large goods vehicles can be held criminaly negligent if their load is unsafe!!

Well one should have thought a man with your expertise in the matter would know that all accidents do not create a crime number.

Chippy_Minton_2

withabix wrote: »

Having an unsecured load is an offence under the RTA. The lorry had an unsecured load.

Well said.

Offence but NOT a crime.

withabix

Possibly a crime, as the failure to cover the load would also be subject to the HASAWA, which is criminal law.

Having had a quick check, this could be dealt with as a criminal offence, under Section 7 of the HASAWA: failure to excercise reasonable care for the health and safety of themselves or others who may be affected by their acts or omissions at work.

If the driver failed to secure (cover up) his load, he is in breach of Section 7, by his omission.

Chippy_Minton_2

withabix wrote: »

HASAWA

So wouldn't that be a matter for the Heath and Safety Executive?